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Dixon & Moseley | Attorneys At Law
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  5. When Evidence May Be Suppressed in A Criminal Case and What It Means

When Evidence May Be Suppressed in A Criminal Case and What It Means

On Behalf of Dixon & Moseley, P.C. | Apr 6, 2017 | Criminal Law

Suppression of evidence in a criminal case has always been a controversial topic and legal remedy. An example would be suppression of a firearm found on a felon after he or she is stopped and searched. It is illegal and a criminal act for a felon to possess a firearm under state and federal law, and standing alone, is criminal and should result in a conviction.

The reason evidence is suppressed, such as this hypothetical firearm on a felon, is to make sure our constitutional safeguards are not violated. This often means a defendant—guilt notwithstanding—is not convicted. Suppression is a matter considered by every defense attorney and the topic of this blog post.1 This also shows how technical criminal law is and the need for skilled legal defense counsel when faced with a criminal allegation or charge (or indictment).

Perhaps the most common situation where a defense attorney moves to suppress evidence is where the police obtain this from searching a home. Under the Fourth Amendment, the police may not just choose to search someone’s home because they believe criminal activity is occurring. If they have “probable cause” to believe criminal activity is occurring in a home, they may seek to have a probable cause affidavit they prepare reviewed by a neutral judge or magistrate.2

Only if this neutral judge or magistrate finds probable cause, will a search warrant issue allowing the police to then search the home. What this means is if the police search the home without first obtaining a search warrant, any illegal activity or contraband may be suppressed, which effectively means it may not be used as evidence against the alleged defendant to secure a conviction. In most cases, this means the prosecution dismisses the case.

However, a police officer may lawfully search a home and not violate the Fourth Amendment, if he or she has “exigent circumstances”. These are logical and common sense. So for instance, if a police officer hears someone screaming in pain and enters a home to find a person battering the person screaming, this is an “exigent circumstance” that allows a warrantless search.

Ultimately, criminal law has a number of constitutional protections, which if violated, even unintentionally, may provide a defense or basis for the case to be dismissed. For this reason, it is important to select skilled defense counsel who understands the legal limits on police officers to afford all of us constitutional protections. Filing such motions, such as a Motion to Suppress, is the burden of defense counsel. Where this does timely occur, the evidence the case may be suppressed and the matter dismissed.

Dixon & Moseley, P.C. advocates handle criminal defense cases throughout the State of Indiana. This blog post is written for general educational purposes. This blog is not a solicitation for services or specific legal advice. It is an advertisement.

  • Suppression under the Fourth Amendment to the United States Constitution is a complex legal and factual analysis with different standards, such as if a person is stopped in a routine traffic stop versus his or her home is searched. This blog addresses suppression in or around someone’s home.
  • Malone v. State, 882 N.E.2d 784 (Ind.Ct.App.2008).
  • Can a Child Choose Which Parent to Live With in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Jan 28, 2026 | Uncategorized

    In Indiana, a child does not get to decide custody on their own. There is no specific age at which a child suddenly gets to choose which parent they will live with. Instead, Indiana courts decide custody based on what is in the best interests of the child. That means the outcome of your case depends on the evidence presented…

    Indiana Protective Orders Explained: A Guide to the Indiana Civil Protection Order Process

    On Behalf of Dixon & Moseley, P.C. | Jan 22, 2026 | Uncategorized

    Protective orders in Indiana are designed to protect individuals from domestic violence, stalking, harassment, and threats. Whether you are seeking a protective order or have been served with one, understanding Indiana’s protective order laws is essential to protecting your rights and avoiding serious legal consequences.   What Is a Protective Order? A protective order is a civil court order issued…

    What Is a Custody Evaluation in Indiana—and When Is It Used?

    On Behalf of Dixon & Moseley, P.C. | Jan 20, 2026 | Uncategorized

    When parents cannot agree on legal custody, physical custody, or parenting time, Indiana courts have several tools available to help determine what arrangement best supports the child’s well‑being. One of the most significant of these tools is a custody evaluation. Although not required in every case, custody evaluations can play a pivotal role when disputes are complex, high‑conflict, or involve…

    The Final Verdict Before Trial: Understanding Summary Judgment in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jan 15, 2026 | Uncategorized

    When you enter a civil lawsuit, your immediate concern is often the trial. However, many cases, even high-stakes litigation, may never see a jury. Instead, they are decided much earlier through a powerful pre-trial procedure known as Summary Judgment. This motion is a critical battleground in Indiana courts and understanding its purpose and standard is essential for every client.  …

    Guide to Child Relocation in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jan 13, 2026 | Uncategorized

    Making the decision to move, whether it’s for a new job, to be closer to family, or for a fresh start, is often exciting, but it becomes complicated quickly when children are involved in a case with established custody or parenting time orders. In Indiana, moving with children is not a simple choice; it is a serious legal procedure governed…

    Should I Appeal my Court Case?

    On Behalf of Dixon & Moseley, P.C. | Jan 8, 2026 | Uncategorized

    If you believe the outcome of your case is unfair or incorrect, you may have the option to file for an appeal. The appellate process in Indiana differs significantly from the trial court procedures you may have experienced. Below is an overview of key points you should know: Timeline: In Indiana, you have 30 days from the date of the…

    Living Together: Why Unmarried Couples Need a Cohabitation Agreement

    On Behalf of Dixon & Moseley, P.C. | Jan 5, 2026 | Uncategorized

    Couples living together without the formality of marriage, otherwise known as cohabitation, is increasingly common in Indiana and across the country. While moving in with a partner is an exciting step, it’s critical for couples to understand a core legal reality: Cohabitation does not grant the same rights and protections as marriage in Indiana. For unmarried partners, a Cohabitation Agreement…

    Understanding the 4th Amendment and Indiana Article 1, Section 11: Protection Against Unlawful Searches and Seizures

    On Behalf of Dixon & Moseley, P.C. | Dec 18, 2025 | Uncategorized

    If you ever find that you were subjected to an unlawful search or seizure, it’s crucial to understand your rights and take action to protect them. Two key provisions, the 4th Amendment of the U.S. Constitution and Article 1, Section 11 of the Indiana Constitution, serve as vital protections for individuals against unreasonable searches and seizures by the government. Both…

    Decoding Discovery: What You Need to Know as a Client in an Indiana Lawsuit

    On Behalf of Dixon & Moseley, P.C. | Dec 11, 2025 | Uncategorized

    Being involved in a lawsuit, whether as a plaintiff or a defendant, can feel overwhelming. Once the initial pleadings are filed, you enter a crucial phase called Discovery. This is often when you, the Plaintiff or Defendant, start getting asked detailed questions and asked to provide documents. It’s normal to feel confused or even defensive about these requests, but understanding…

    Can I Get Visitation with My Grandchildren After Their Parents Divorce?

    On Behalf of Dixon & Moseley, P.C. | Dec 7, 2025 | Uncategorized

    Divorce can be a complicated journey, filled with tough decisions about custody, finances, and even who gets to keep the family pet. However, one critical aspect often overlooked is the impact of divorce on grandparent visitation rights. How will grandparents maintain their cherished relationships with their grandchildren once the dust settles? In Indiana, the Grandparent Visitation Act (IC §31-17-5-1) provides…

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